General Terms and Conditions
NEW FAITH SAS (hereinafter referred to as “FC”)
Owner of the internet site www.faithconnexion.com (hereinafter the “Site”)
Registered office : 48 avenue Gabriel 75008 Paris (France)
E-mail address: ecom@faithconnexion.com
Article 1 – Purpose
The present General Conditions of Sale (hereinafter “GCS”) govern the contractual relations between FC and any individual being a consumer (hereinafter the “Client”) using the order form on the Site (hereinafter the “Order Form”) to buy one (or several) product(s) offered for sale on the Site (hereinafter the “Product(s)”).
The GCS govern all Client orders on the Site, and the unconditional acceptance of the updated CGS at the moment where the order is placed (by means of a checkbox) is a prerequisite to any order.
The GCS are applicable only to consumer Clients.
In the event that a professional would like to pass order on the Site, then it should first contact FC using the contact details above, in order to obtain the general conditions of sale applicable to professionals.
The GCS constitute, together with the order form, the contract that defines the terms of on-line purchase of the Products (hereinafter the “Contract”). The Contract is entered into under the suspensive condition of the availability of the Products as well as of non-incident in the payment of the sums owed to FC. Thus, the order can only be effective as from the date of complete payment of such sums by the Client to FC. In the event of a payment incident of any nature whatsoever, the order will be rejected and the Client, who will not be – retroactively and automatically – bound by any contractual relationship with FC, may not claim any indemnification from FC, on any grounds whatsoever. Moreover, in such case, FC is entitled to claim for compensation for the harm it suffers, especially in the event where the Client had access to all or part of the Products before the payment incident is brought to FC’s knowledge.
Article 2 – The Products
Each Product is presented in the Site in the Products catalog or in a webpage of the Site dedicated to the Product containing information provided in French and/or in English (in case of inconsistency/discrepancy between both versions, the French version will prevail), including the Product description and characteristics, the price of the Product and the details on the conditions in which it can be delivered and related costs, and potentially a picture of the Product.
Article 3 – Placing of an order
3.1. Order without creation of a Client Account
The Client may place an order on the Site without creating a client account (hereinafter the “Client Account”).
In this case, the Client will only provide the following information: identity, email address, delivery address, invoicing address. FC will not keep these data after the order delivery, except for archive/evidence purposes.
3.2. Prior creation of a Client Account
Prior to completing any order on the Site, the Client may create a Client Account by filling in its identity information and choosing a user name and password. Once this registration is complete, the Client will receive a confirmation email allowing the Client to activate its Client Account.
The Client undertakes to keep the authentication procedure described above strictly confidential and personal. It also undertakes to provide accurate information and not to usurp the identity of any other individual or entity for any reason and in any manner whatsoever.
3.3. Selection and confirmation of the order
The orders are made exclusively via the order form accessible on the Site. Any confirmed order is valid for firm and definitive acceptance of the price and the Product as it is described on the Site. Prior to definitive confirmation of its order, the Client is given the opportunity to verify the details of the order and the price of such, and to correct any errors.
3.4. Confirmation of the order
A confirmation e-mail will be sent to the Client after final confirmation of its order by the Client on the Site, to the electronic address provided by the Client, confirming that FC has received its order and that the Product(s) is(are) available.
When the order is validated by FC and finally passed, FC will send a new email to the Client, confirming that the order is carried out and summarizing the elements of the Contract.
Article 4 - Price
The prices of the Products are mentioned in Euros all taxes included (applicable taxes on the date of the order), unless otherwise indicated and before shipping costs. The amount for shipping is stated on the Site at the latest before the payment stage.
All orders are payable in the applicable currency (see above).
FC reserves the right to change its prices at any time, but it undertakes to invoice the Product based on the price in effect at the time of the Client’s validation of the order on the Site.
The Products remain FC’s property until payment of the price in full, in principal and in all accessory costs.
As soon as the Client takes possession of the ordered Products, all risk of loss or damage to the Products is transferred to the Client.
Article 5 - Payment
Payment of orders on the Site is made, through secured systems: Credit Card, PayPal, Apple Pay systems.
The credit card is charged immediately.
Article 6 - Availability
Our Products are offered in the limits of available stock. The offers are valid subject to their availability of the Products which appears on the Site during the order process.
Article 7 – Delivery
The Products are delivered to the delivery address provided during the confirmation of the order and entered in the Client’s account, at the latest at the delivery date mentioned during the order process on the Site.
Article 8 – Revocation
This Article 8 is only applicable to orders by consumer Clients in the meaning of preliminary article of the French consumer code.
The Client has a period of fourteen (14) calendar days from receipt of the Product to exercise its right of withdrawal without any reasons and without paying penalties.
To use its right of withdrawal, the Client shall provide an unambiguous notice to FC. To this end, the Client may fill in the withdrawal form available in Annex 1 of the GCS. FC shall acknowledge receipt thereof.
The Product(s) shall be returned by the Client to FC at the latest (14) days following disclosure by the Client of its decision to withdraw its order. In case of non-receipt of the Product(s) by FC, the Client shall have to be able to provide a proof of shipping of the Product(s).
If the conditions for exercising the right of withdrawal are met, the total amount of the order will be refunded to the Client. The Client bears shipping costs for the Products return. This refund will take place within fourteen (14) days from the date FC was informed of the decision of the Customer to withdraw its order. However, if FC does not receive the returned Products within that period, or the proof of shipping of the Products by the Client, the reimbursement of the Products will be postponed to the first of these two dates: FC’s receipt of the Products or FC’s receipt of the proof of shipping of the Products by the Client.
Customized products: No right of withdrawal
Article 9 – Warranties
FC, as vendor of the Products, is liable for the lack of conformity of the Products it sells under the conditions of Article L.211-4 and following of French Consumer Code, as well as for hidden defects likely to affect the Products as provided by Article 1641 of French civil Code.
When acting relying on legal guarantee of conformity, the Client :
- has a period of two years from the issuance of the delivery of the Product to act;
- can choose between repair or replacement of the Product, subject to the conditions of cost provided for in Article L. 211-9 of French Consumer Code;
- is not required to provide proof of the existence of the lack of conformity of the Product during a period of twenty-four months following the issuance of the Product.
The legal guarantee of conformity applies regardless of the potential commercial guarantee that FC may provide to the Client.
If the Client chooses to act relying on the guarantee against hidden defects of the Product sold within the meaning of article 1641 of the French civil code, it can choose the resolution of the sale or a price reduction pursuant to Article 1644 of French civil code
Any claim relating to a Product must be presented to FC by email (ecom@faithconnexion.com) or registered letter with return receipt to the following address: 60 rue de la Boétie 75008 Paris (France).
The claim shall be detailed and clearly state the reasons thereof.
For Product return (pursuant to Article 8 or Article 9 of the GCS) the Products must be returned to FC in the state in which the Client received them with all the elements, the Client having been authorized to open the package.
Statutory provisions :
Article L.217-4 of French consumer code :
"The seller deliver a good in conformity with the contract and is liable for defects of conformity existing upon delivery.
It is also liable for lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility. "
Article L.217-5 of French consumer code :
"The product complies with the contract :
- If it is suitable for the purpose usually excepted from a similar property and, where applicable:
- if it matches the description given by the seller and possesses the qualities that it has presented to the buyer as a sample or model;
- if it has the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labeling;
- Or if it has the features defined by mutual agreement by the parties or is suitable for any particular purpose for which the buyer brought to the seller’s attention and the latter accepted. "
Article L.217-12 of French consumer code :
"The action resulting from lack of conformity is barred two years after delivery of the goods."
Article 1641 of French civil code :
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its
intended use, or that so impair its use that the buyer would not have bought it, or would only have given a
lesser price for it, if he had known of the defects.
Article 1648, paragraph 1 of French civil code :
An action resulting from redhibitory defects must be brought by the buyer within two years from the
discovery of the vice.
Article 10 – Intellectual property
The Products (their shape, colours, cut…) and all elements reproduced (logo, brand names…) are and remain the exclusive intellectual property of FC.
The Client is not in any case authorized to reproduce, operate or use in any manner whatsoever, even partially, any of these elements without FC’ express prior written consent.
Article 11 - Personal data
The Client’s personal data (hereinafter the “Data”) collected via the Site is processed automatically under FC’s responsibility.
The Data is processed for the purposes of handling the order, create anonymous statistics, and improving the services and information that FC send to the Client, in particular FC’s newletter.
Such data may also be transmitted to FC’ partners or suppliers, such as those responsible for filling the services and orders for the purpose of managing, performing, treating and payment of such.
The Client is entitled to a right to access, correct and – where legitimate – contest the processing of the Data concerning it; these rights may be exercised via the following link: […].
Article 12 – Archiving Proof
FC will archive the order forms and invoices in a reliable and durable support that constitutes a true copy.
FC’s computerized registries will be considered by all of the parties concerned as proof of all communications, orders, payments and transactions that occur between the parties.
Article 13– Applicable law and dispute resolution
The contractual language applicable to the GCS is French. The Contract is subject to French law, without prejudice to the provisions of domestic law that might in any case apply in favor of consumer Clients, within the meaning of the preliminary article of the French Consumer code.
The Client may also use the ODR platform (Online Dispute Resolution), accessible by clicking on the following link: Platform RLL
APPENDIX 1
REVOCATION FORM
Reminder: this form can be used only if the Client fulfills the conditions of Article 8 of the GCS. In particular, the Client must be a consumer as defined in the preliminary article of French Consumer Code, and the form submission must be made no later than 14 days after receipt of the Products ordered by the Client (or by a third party, other than the carrier designated, by the Client).
(Complete and return this form only if you wish to withdraw from the contract.)
To C-LOG
Parc Logistique Paris Ois,
Rue de Madrid,
Bâtiment C Cellule 1,2 et 3
60126 LONGUEIL SAINTE MARIE
|
The information collected on this form are subject to automated processing under the responsibility of society Faith Connexion, to manage the requests for withdrawal. Pursuant to the provisions of French Law n°78-17 of 6 January 1978, you have a right to access, rectify and - in case of legitimate reason - oppose. You may use this right by sending your request to Faith Connexion at the following address: 60 rue la Boetie, 75008 Paris